Oliver vaccine injury case – Court denies appeal of NVICP ruling

vaccine injury case

On January 9, 2019, the Federal Circuit’s Court of Appeals decided not to rehear an appeal by Laura and Eddie Oliver of a decision of a vaccine injury case (referred to as “Oliver”) by a special master of the National Vaccine Injury Compensation Program (NVICP) who ruled that the NVICP would not award compensation to their son for his developmental delays and seizure disorder.

Circuit Judge Pauline Newman dissented to the Court of Appeals decision, joined by Judge Jimmie V. Reyna. Although Judge Newman’s dissent carries no legal authority, it can be offered as persuasive materials in other cases. It should not, however, carry much weight, because Judge Newman’s dissent mischaracterizes the Oliver vaccine injury case, mischaracterizes the relevant science, and makes numerous other errors.

This article will examine the Oliver vaccine injury case along with the scientific issues involved. Continue reading “Oliver vaccine injury case – Court denies appeal of NVICP ruling”

Japan banned Gardasil – another ridiculous anti-vaccine myth

Japan Banned Gardasil

One of the most popular zombie memes and tropes of the anti-vaccine movement is that Japan banned Gardasil, the HPV vaccine. And like most of those zombie memes and tropes, the facts are a lot different than the anti-vaccine claims. Per usual.

Although I don’t quite understand the reasoning, the anti-vaccine religion absolutely hates Gardasil, possibly more than any other vaccine. These zealots maintain that the HPV vaccines cause all kinds of harm to teens and young adults. Yet, there are literally mountains of data derived from numerous huge epidemiological studies that the Gardasil cancer-preventing vaccine is one of the safest vaccines on the market.

So if you really want to prevent cancer, one of the best ways available to you is getting the HPV vaccine. The idea is so simple, yet is clouded by the myths about HPV vaccines – one of the most popular, of course, is that Japan banned Gardasil. Let’s examine this fable with a critical and skeptical eye.

Spoiler alert – Japan did no such thing.

Continue reading “Japan banned Gardasil – another ridiculous anti-vaccine myth”

New York vaccine exemptions law – judge rejects restraining order request

New York Vaccine exemptions law

On July 12, 2019, Judge Mackey of the Albany County Supreme Court (see Note 1) rejected the temporary restraining order request of plaintiffs challenging the updated New York vaccine exemptions law which removed the state’s religious exemption for school immunization requirements. While this is only the first step in what is almost certain to be a long process, and full arguments were not yet heard, the content of the decision does not bode well for plaintiffs – in line with abundant jurisprudence. Continue reading “New York vaccine exemptions law – judge rejects restraining order request”

Dr. Ron Kennedy loses appeal against providing records to medical board for vaccine exemptions

Ron Kennedy

On 14 June 2019, a California Court of Appeals issued a decision (pdf) that means, in essence, that Dr. Ron Kennedy (see Note 1) has to provide the Medical Board of California with medical records of three patients for whom he wrote vaccine medical exemptions. This is part of an ongoing saga around Dr. Kennedy’s exemption writing.

Ron Kennedy is a licensed MD who owns a clinic called the Anti-Aging Clinic in Santa Rosa, CA,  which offers, apparently, anti-aging treatments. The Yelp reviews for the clinic suggest he has a long history of filling medical marijuana prescriptions. 

I am going to review Dr. Ron Kennedy’s background and the case in this article. Continue reading “Dr. Ron Kennedy loses appeal against providing records to medical board for vaccine exemptions”

Dr Bob Sears license on probation for invalid vaccine exemptions – again

Dr Bob Sears

On 27 June 2018, Dr Robert (Bob) Sears, an anti-vaccine pediatrician, agreed to a stipulation with the California Medical Board that put his license to practice on probation and subjected him to a set of non-trivial conditions.

The revocation of the medical license of Dr Bob Sears was stayed by the Medical Board – it will not become operative unless he violates the conditions – but given the specific allegations in the complaint and the fact that this was his first disciplinary action, an immediate full revocation was not likely. The sanction is non-trivial, and a clear warning against future misconduct.  Continue reading “Dr Bob Sears license on probation for invalid vaccine exemptions – again”

California SB276 – legislation to reduce vaccine medical exemption abuse

sb276

On 20 June 2019, after a long day of testimony on California SB276 from both sides of the mandatory vaccine issue, the assembly health committee voted 9 in favor, 2 against, and 2 abstaining to move forward with the bill which can prevent fake medical exemptions.

This post will describe the amended bill and then shortly address today’s events. Continue reading “California SB276 – legislation to reduce vaccine medical exemption abuse”

Dorit Rubinstein Reiss – an index of her vaccine articles on this website

Dorit Rubinstein Reiss

Dorit Rubinstein Reiss – Professor of Law at the University of California Hastings College of the Law (San Francisco, CA) – is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines (generally, but sometimes moving to other areas of medicine), social policy and the law. Her articles usually unwind the complexities of legal issues with vaccinations and legal policies, such as mandatory vaccination and exemptions, with facts and citations.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination–she really is a well-published expert in this area of vaccine policy, and doesn’t stand on the pulpit with a veneer of Argument from Authority, but is actually an authority. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease.

She was also one of the many contributors to the book, “Pseudoscience – The Conspiracy Against Science.”

Many bloggers and commenters on vaccine issues will link to one or more of her articles here as a primary source to counter an anti-vaccine claim. The purpose of this post is to give you a quick reference to find the right article to answer a question you might have.

Below is a list of articles that Dorit Rubinstein Reiss has written for this blog, organized into some arbitrary and somewhat broad categories for easy reference. This article will be updated as new articles from Professor Reiss are published here. We also may update and add categories as necessary.


Continue reading “Dorit Rubinstein Reiss – an index of her vaccine articles on this website”

Yes, vaccine herd immunity works – scientific evidence supports this fact

herd immunity

This piece is a summary of Herd Immunity and Immunization Policy: The Importance of Accuracy, published in v. 94 of the Oregon Law Review.

As a bit of background, in an article that was published in the Oregon Law Review in 2014, authors Mary Holland and Chase E Zachary claimed that school immunization mandates are inappropriate because they reject the concept that herd immunity works.

This article will explain why Holland and Zachary’s analysis or immunization mandates and herd effect is simply incorrect. And let’s be clear – there is a legitimate debate about whether school immunization mandates are appropriate, policy-wise, as a response to non-vaccination.

Unlike vaccine science, the appropriate policy to handle non-immunization is not agreed upon, and the data on what is the right way to get people to vaccinate is anything but clear (though some things are clear – for example, harder to get exemptions lead to higher vaccination rates). But the debate needs to be premised on accurate facts – not on misuse of legal terms and incorrect scientific data. Holland and Zachary’s article does not provide that. Continue reading “Yes, vaccine herd immunity works – scientific evidence supports this fact”

New York vaccine mandate – judge rejects anti-vaxxer challenge

On April 18, 2019, a New York Supreme Court Judge (see Note 1) rejected a challenge to the New York vaccine mandate (pdf) brought by three lawyers (attorneys Robert Krakow, Patti Finn, and Robert F. Kennedy Jr., all of which have litigated cases on vaccines issues in the past). The litigation involved New York City’s order for an MMR vaccine mandate in certain zip codes.

The decision will likely be appealed but is well-reasoned and at this point, leaves the mandate in place. This article will take a look at the case. Continue reading “New York vaccine mandate – judge rejects anti-vaxxer challenge”

Vaccine medical exemptions – California legislature aims to curb abuse

On 25 March 2019, Dr. Richard Pan, a California Senator, amended a bill he previously submitted to tighten the process of granting vaccine medical exemptions in California. The bill is a response to an increase in medical exemptions due to the willingness of some physicians to sell unjustified vaccine medical exemptions to misguided anti-vaccine parents. If it passes, it can help curb abuses. Continue reading “Vaccine medical exemptions – California legislature aims to curb abuse”